完善的司法制度，必須隨著人民的需求與社會的變動邁進，但改革是永無止境的。我國司法制度雖幾經重大變革，但未盡理想、周延之處尚多，必須抱持「追求卓越，擁抱改變」，「世無常法」、「法與時轉則治」的信念前進。我國刑事訴訟法修正的基調，從訴訟主體的角度而言，應著重於「證據的攻防在當事人」，「法律的適用在法官」，「程序的選擇權兼容訴訟參與人」。從訴訟客體的角度而言，應著重於「追求訴訟的安定性，保障被告訴訟防禦權」。從審級制度之思考而言，應朝向「第一審事實審，第二審事後審，第三審法律審」，方為「妥速審判」正本清源之道。就刑事訴訟法的任務，從結構面、制度面省思，兼顧大陸法系與英美法系之特色，刑事訴訟追求「真實發見」與「保障人權」之目標，兩者關係有如鐘擺的兩端，不可偏廢。本文認為「法庭的法律性質」，其核心內容不外「公平法院」，依符合公平正義的程序，所實現的實體的公平正義，才是完整的法的公平正義，這是憲法賦予「法庭」的憲法使命。

A perfect judicial system requires following up the need of people and
the movement of society; nevertheless, it is an endless road of reformation.The judicial system of our country has experienced several significant innovations; however, it is still imperfect in many aspects. Thus, we shall keep on reforming with those concepts of "pursue the perfection, embrace the change"; "there is no eternal rule";
and "management comes after legalsystem keeping pace with the times."
In respect of "Subject of Procedure," the keynote of the amendment of
our Law of Criminal Procedure shall place emphasis on "argument of evidence resorts to litigants"; "legal application relies on judges"; and "procedural options shall combine the participation of intervenors."
Furthermore, with respect to "Object of Procedure," we shall focus on "
pursuing the stability of litigation and guarding the defensive right of defendants."Moreover, in regard to "Stages of Trial," we shall head to "the first stage is trial of fact, the second stage is trial of post facto, and the third stage is trial of law," and realize that this is the radical approach for "accurate and rapid judgments."Besides, regarding to the structural and systematic reflections about the mission of Law of Criminal Procedure and considering the characteristics from both civil law and common law systems, the two main goals of Law of Criminal Procedure — "Truth Discovery" and "Human Right Protection"—are like two sides of a balance and cannot stress one to the neglect of the other.
In summary, this article deems "Fair Court" is the core component of "the
Legal Nature of Court." The substantively fair justice demonstrated by due
and impartial process is the integrated fair justice of law; moreover, this is the constitutional mission of "Court," and such mission is entrusted by Constitution.